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Georgia1. Unfair Claims Practices Act
3. 3rd Parties -- We have not found any law yet.
5. Caps
6. Consumer Auto Repair Practices Acts -- We have not found any law yet.
7. Consumer Sales Practices Acts
8. Diminished Value -- Case law only.
9. False and Misleading Advertising
10. False Use of Insurer’s Name
11. Home Sales Act -- Present but doesn't seem useful on glass claims.
12. Imitation Crash Parts Regulations
14. Telemarketing Laws -- Present but doesn't seems useful on glass claims.
16. Timely Payment
17. Total Losses
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Definitions:
More>> Click here for more information on a section.
Updates>> Click here for possible future updates of that section;
current text is shown in full.
We put Unfair Claims Practices, Unfair Trade Practices and the regulation for
3rd Parties at the front of Georgia's laws, and organized all other laws
alphabetically to make it easier for you to find a particular law or regulation. To
reach a particular topic on this page, either click on it in the table of
contents or scroll down. To get back to the table of contents, simply click on
the link that says " back to top" beneath each section.
33-6-34.
Any of the following acts of an insurer when committed as provided in Code
Section 33-6-33 shall constitute an unfair claims settlement practice:
(1) Knowingly misrepresenting to claimants and insureds relevant facts or policy
provisions relating to coverages at issue;
(2) Failing to acknowledge with reasonable promptness pertinent communications
with respect to claims arising under its policies;
(3) Failing to adopt and implement procedures for the prompt investigation and
settlement of claims arising under its policies;
(4) Not attempting in good faith to effectuate prompt, fair, and equitable
settlement of claims submitted in which liability has become reasonably clear;
(5) Compelling insureds or beneficiaries to institute suits to recover amounts
due under its policies by offering substantially less than the amounts
ultimately recovered in suits brought by them;
(6) Refusing to pay claims without conducting a reasonable investigation;
(7) When requested by the insured in writing, failing to affirm or deny coverage
of claims within a reasonable time after having completed its investigation
related to such claim or claims;
(8) When requested by the insured in writing, making claims payments to an
insured or beneficiary without indicating the coverage under which each payment
is being made;
(9) Unreasonably delaying the investigation or payment of claims by requiring
both a formal proof of loss and subsequent verification that would result in
duplication of information and verification appearing in the formal proof of
loss form; provided, however, this paragraph shall not preclude an insurer from
obtaining sworn statements if permitted under the policy;
(10) When requested by the insured in writing, failing in the case of claims
denial or offers of compromise settlement to provide promptly a reasonable and
accurate explanation of the basis for such actions. In the case of claims
denials, such denials shall be in writing;
(11) Failing to provide forms necessary to file claims within 15 calendar days
of a request with reasonable explanations regarding their use;
(12) Failing to adopt and implement reasonable standards to assure that the
repairs of a repairer owned by the insurer are performed in a workmanlike
manner;
(13) Indicating to a first-party claimant on a payment, draft check, or
accompanying letter that said payment is final or a release of any claim unless
the policy limit has been paid or there has been a compromise settlement agreed
to by the first-party claimant and the insurer as to coverage and amount payable
under the contract; and
(14) Issuing checks or drafts in partial settlement of a loss or claim under a
specific coverage which contain language which releases the insurer or its
insured from its total liability.
More>> http://www.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/33/6/34
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33-6-4.
(a) As used in this Code section, the term "policy" means any insuring
bond issued by an insurer. (b) The following acts or practices are deemed unfair
methods of competition and unfair and deceptive acts or practices in the
business of insurance:...
(8)(A) (ii) Making or permitting any unfair discrimination between individuals
of the same class and of essentially the same hazard in the amount of premium,
policy fees, or rates charged for any policy or contract of accident or sickness
insurance, in the benefits payable thereunder, in any of the terms or conditions
of the contract, or in any other manner whatever.
(iii) Making or permitting any unfair discrimination in the issuance, renewal,
or cancellation of any policy or contract of insurance against direct loss to
residential property and the contents thereof, in the amount of premium, policy
fees, or rates charged for the policies or contracts when the discrimination is
based solely upon the age or geographical location of the property within a
rated fire district without regard to objective loss experience relating
thereto.
(B) Knowingly permitting or offering to make or making any contract of insurance
or agreement as to the contract other than as plainly expressed in the contract
issued thereon; paying, allowing, giving, or offering to pay, allow, or give
directly or indirectly, as inducement to any contract of insurance, any rebate
of premiums payable on the contract, any special favor or advantage in the
dividends or other benefits thereon, or any valuable consideration or inducement
whatever not specified in the contract, except in accordance with an applicable
rate filing, rating plan, or rating system filed with and approved by the
Commissioner; giving, selling, purchasing, or offering to give, sell, or
purchase as inducement to such insurance or in connection therewith any stocks,
bonds, or other securities of any company, any dividends or profits accrued
thereon, or anything of value whatsoever not specified in the contract; or
receiving or accepting as inducement to contracts of insurance any rebate of
premium payable on the contract, any special favor or advantage in the dividends
or other benefit to accrue thereon, or any valuable consideration or inducement
not specified in the contract.
(C) Nothing in subparagraphs (A) and (B) of this paragraph shall be construed as
including within the definition of discrimination or rebates any of the
following practices: ...
(iii) Making a readjustment of the rate of premium for a policy based on the
loss or expense experienced at the end of the first or any subsequent policy
year of insurance thereunder, which adjustment may be made retroactive only for
the policy year; ...
(v) Issuing life or accident and sickness policies on a salary-saving, payroll
deduction, preauthorized, postdated, automatic check, or draft plan at a reduced
rate commensurate with the savings made by the use of such plan;
(vi) Paying commissions or other compensation to duly licensed agents or brokers
or allowing or returning dividends, savings, or unabsorbed premium deposits to
participating policyholders, members, or subscribers;
(vii) Paying by an insurance agent of part or all of the commissions on public
insurance to a nonprofit association of insurance agents which is affiliated
with a recognized state or national insurance agents' association, which
commissions are to be used in whole or in part for one or more civic
enterprises;...
More>> http://www.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/33/6/4
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We haven't found any law yet.
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33-34-6.
(a) Subject to the provisions of subsection (b) of this Code section, no insurer
shall represent to a person making a claim under a motor vehicle insurance
policy that the use of or the failure to use a particular repair facility or
particular repair facilities may result in the nonpayment of a claim.
(b) No insurer shall require a person making a claim under a motor vehicle
insurance policy to use a particular repair facility or particular repair
facilities in order to settle a claim if the person making the claim can obtain
the repair work on the motor vehicle at the same cost from another source.
Update>> http://www.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/33/34/6
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According to a data the Society of Collision Repair Specialists collected between 1995 and 1999, caps in Georgia are illegal. In other words, insurers can't arbitrarily limit what they'll pay for a product, procedure or repair, particularly paint and materials. "Beyond Parts & Equipment" published a story on caps, including a table with the data collected by SCRS, in our February 2000 issue.
Generic Caps Letter -- Prepared by Beyond Parts & Equipment
| ______________
Insurance Insured: ______________________ Claim #: ______________________ Vehicle ID: Attn: Customer Service In your repair appraisal of my vehicle, you limited paint/paint
materials payment and/or related costs, such as refinish labor, to $___,
while my cost is $___, or $___ more than you allow. Sincerely,
cc: Insurance Commissioner |
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We haven't found any law yet.
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10-1-393. (a) Unfair or deceptive acts or practices in the conduct of
consumer transactions and consumer acts or practices in trade or commerce are
declared unlawful.
(b) By way of illustration only and without limiting the scope of subsection (a)
of this Code section, the following practices are declared unlawful:
(1) Passing off goods or services as those of another;
(2) Causing actual confusion or actual misunderstanding as to the source,
sponsorship, approval, or certification of goods or services;
(3) Causing actual confusion or actual misunderstanding as to affiliation,
connection, or association with or certification by another;
(4)(A) Using deceptive representations or designations of geographic origin in
connection with goods or services. Without limiting the generality of the
foregoing, it is specifically declared to be unlawful...
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We could not find anything in the statutes, or administrative code, however
case law exists. In December 2000, the Superior Court ordered State Farm to
"evaluate first-party physical damage claims for the presence of [DV] if it
determined it has occurred or to deny the presence of [DV] and so advise its
insureds." The court also ordered State Farm to collect any documentation
helpful to determine the amount of DV that occurred and to inform the court
within 45 days of the order to report "the manner in which [State Farm] is
complying."
We reported on the case in our March 2001 issue, page 1. Allstate settled a
similar case out of court.
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10-1-393. (a) Unfair or deceptive acts or practices in the conduct of
consumer transactions and consumer acts or practices in trade or commerce are
declared unlawful.
(5) Representing that goods or services have sponsorship, approval,
characteristics, ingredients, uses, benefits, or quantities that they do not
have or that a person has a sponsorship, approval, status, affiliation, or
connection that he or she does not have;
(6) Representing that goods are original or new if they are deteriorated,
reconditioned, reclaimed, used, or secondhand;
(7) Representing that goods or services are of a particular standard, quality,
or grade or that goods are of a particular style or model, if they are of
another;
(8) Disparaging goods, services, or business of another by false or misleading
representation;
Update>> http://www.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/10/1/393&highlight=trade|practices|laws
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33-6-5. In addition to Code Section 33-6-4, violations of the following
provisions also are defined as unfair methods of competition and unfair and
deceptive acts or practices in the business of insurance:
(2) No person who is not an insurer shall assume or use any name which
deceptively implies or suggests that he or she is an insurer;
Update>> http://www.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/33/6/5
10-1-393. (a) Unfair or deceptive acts or practices in the conduct of consumer
transactions and consumer acts or practices in trade or commerce are declared
unlawful. (2) Causing actual confusion or actual misunderstanding as to the source,
sponsorship, approval, or certification of goods or services;
(3) Causing actual confusion or actual misunderstanding as to affiliation,
connection, or association with or certification by another;
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There is a law in the statutes under 10-1-6, but it doesn't seem useful to consumers for handling glass claims. To view the law simply click on the link below.
More>> http://www.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/10/1/6
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33-6-5.
In addition to Code Section 33-6-4, violations of the following provisions also
are defined as unfair methods of competition and unfair and deceptive acts or
practices in the business of insurance:
(13)(A) As used in this paragraph, the term:
(i) "Aftermarket crash part" means a replacement for any of the
nonmechanical sheet metal or plastic parts which generally constitute the
exterior of a motor vehicle, including inner and outer panels.
(ii)
"Insurer" includes an insurance company and any person authorized to
represent the insurer with respect to a claim and who is acting within the scope
of the person's authority.
(iii) "Nonoriginal equipment manufacturer aftermarket crash part"
means an aftermarket crash part made by any manufacturer other than the original
vehicle manufacturer or his or her supplier.
(iv) "Repair facility" means a motor vehicle dealer, garage, body
shop, or other commercial entity which undertakes the repair or replacement of
those parts that generally constitute the exterior of a motor vehicle.
(B) Any aftermarket crash part manufactured or supplied for use in this state on
or after January 1, 1990, shall have affixed thereto or inscribed thereon the
logo, identification number, or name of its manufacturer. Such manufacturer's
logo, identification number, or name shall be visible after installation
whenever practicable.
(C) In all instances where nonoriginal equipment manufacturer aftermarket crash
parts are used in preparing an estimate for repairs the written estimate
prepared by the insurance adjuster and repair facility shall clearly identify
each such part. A disclosure document attached to the estimate shall contain the
following information in no smaller than ten-point type:
| "THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE."; |
Update>> http://www.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/33/6/5
point 13A refers to Imitation parts.
| ______________
Insured: Georgia Customer
Letter
______________ Claim: ______________ Vehicle ID: Attn: Customer Service In your repair appraisal of my vehicle (listed above), you designated used salvage or new imitation replacement crash parts not manufactured by or for my vehicle’s manufacturer. Georgia Code 33-6-5(13)(B) requires that "any aftermarket crash part manufactured or supplied for use in this state on or after January 1, 1990, shall have affixed thereto, or inscribed thereon the logo, identification number, or name of its manufacturer. Such manufacturer’s logo, identification number, or name shall be visible after installation whenever practicable." I support this requirement of Georgia Code. Few parts meet these stringent requirements. If you find any, I will request written verification that the parts you designated match my original vehicle manufacturer’s replacement parts in fit, quality, and performance. Regarding performance, to protect my safety and my family’s, I request data verifying that these parts have been proxy crash tested and perform identically to the original parts that were on my vehicle. For used salvage parts, I shall require like kind and quality to parts on my vehicle as determined by a written description of the trade name, manufacturer’s name, type, engine serial number and vehicle identification number, year, color, number of miles the donor vehicle had traveled at the time it was declared salvage, and the type of accident or other event that caused the vehicle to be declared salvage. In either case, I also request a written guarantee that my vehicle’s resale/trade-in value will remain consistent with that of other vehicles of similar condition (before the accident) and mileage, and that all my existing vehicle warranties will remain intact. In this guarantee, please specify that if I suffer any economic loss due to the parts you require, your company will reimburse me for the loss. If I’m unhappy with your reply, I will ask that you designate only new original equipment parts to repair my vehicle. If you’re not willing to do so, I will report to the Georgia Department of Insurance that you are violating policy requirements to restore my vehicle to preloss condition and value; the parts on my vehicle before the accident had been proxy tested following NHTSA requirements. Independent research on GM cars and Volvos has proven that imitation parts lower resale value and don’t perform properly in crash tests. Used salvage parts aren’t sufficient to maintain my vehicle’s manufacturer warranties, and they aren’t crash-tested. Finally, court cases involving imitation parts have consistently been decided against imitation parts, and more cases (Texas and Arkansas) have recently been filed. Please respond promptly to my request because I want my vehicle repaired in the most expedient manner possible. Sincerely,
cc: Commissioner |
You can find out the name of Georgia's Insurance Commissioner by clicking on the link for State Departments of Insurance and then select your state from the list.
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33-23-1.
(a) As used in this article, the term:
(1) 'Adjuster' means any individual who for a fee, commission, salary, or other
compensation investigates, settles, or adjusts and reports to his or her
employer or principal with respect to claims arising under insurance contracts
on behalf of the insurer or the insured or a person who directly supervises or
manages such individual. The term 'adjuster' does not include:
(A) Individuals who adjust claims arising under contracts of life or marine
insurance or annuities; or
(B) An agent or a salaried employee of an agent or a salaried employee of an
insurer who adjusts or assists in adjusting losses under policies issued by such
agent or insurer.
(2) 'Agency' means a business entity which represents one or more insurers and
is engaged in the business of selling, soliciting, or negotiating insurance.
Agency also means a business entity insurance producer.
(3) 'Agent' means an individual appointed or employed by an insurer who sells,
solicits, or negotiates insurance. Agent also means an individual insurance
producer.
(4) 'Business entity' means a corporation, association, partnership, sole
proprietorship, limited liability company, limited liability partnership, or
other legal entity.
More>> http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=33-23-1
33-23-5.
(a) For the protection of the people of this state, the Commissioner shall not
issue, continue, or permit to exist any license, except in compliance with this
chapter and except as provided in Code Sections 33-23-3, 33-23-4, 33-23-12,
33-23-13, 33-23-14, 33-23-16, 33-23-17, 33-23-29, 33-23-29.1, and 33-23-37. The
Commissioner shall not issue a license to any individual applicant for a license
who does not meet or conform to qualifications or requirements set forth in
paragraphs (1) through (8) of this subsection:
(1) The individual applicant must be a resident of this state who will reside
and be present within this state for at least six months of every year or an
individual whose principal place of business is within this state; provided,
however, in cities, towns, or trade areas, either unincorporated or comprised of
two or more incorporated cities or towns, located partly within and partly
outside the state, requirements as to residence and principal place of business
shall be deemed met if the residence or place of business is located in any part
of the city, town, or trade area and if the other state in which the city, town,
or trade area is located in part has established like requirements as to
residence and place of business. The individual applying for an agent, adjuster,
or counselor license must be at least 18 years of age;
More>> http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=33-23-5
33-23-29.
(a) On behalf of and as authorized by an insurer for which he or she is licensed
as agent, an agent may from time to time act as an adjuster and investigate and
report upon claims without being required to be licensed as an adjuster.
(b) No license by this state shall be required:
(1) Of a nonresident independent adjuster for the adjustment in this state of a
single loss or of losses arising out of a catastrophe common to all such losses;
or
(2) Of a nonresident adjuster who regularly adjusts in another state and who is
licensed in such other state, if such state requires a license, to act as
adjuster in this state for emergency insurance adjustment work for a period not
exceeding 60 days and performed for an employer who is an insurance adjuster
licensed by this state or who is a regular employer of one or more insurance
adjusters licensed by this state, provided that the employer shall furnish to
the Commissioner a notice in writing immediately upon the beginning of the
emergency insurance adjustment work.
(c) An individual residing in another state may be licensed by the Commissioner
as a nonresident adjuster under the following circumstances and in the following
manner:
(1) Upon written application and payment of the required license fee and without
requiring a written examination, the Commissioner shall issue a license to an
individual to act as a nonresident adjuster if the individual is licensed in his
or her home state as an adjuster;
(2) The required fee for the license shall be the fee provided by law or the sum
which is charged as a license fee for nonresident adjusters by the state of the
applicant's residence, whichever is greater; and
(3) Applicants whose home state does not require a license to transact business
may be licensed in this state, provided that the applicant takes the examination
issued by the Commissioner where required pursuant to this chapter and the
applicant submits written documentation from such applicant's resident state
demonstrating the lack of licensing requirements in such state and such state's
reciprocity with residents of this state.
(d) The Commissioner shall issue a license to an individual to act as a
nonresident adjuster if, by the laws of the state of the applicant's residence,
residents of this state may be licensed as nonresident adjusters in the same
manner.
(e) The Commissioner is authorized to enter into reciprocal agreements with the
appropriate official of any other jurisdiction for the purpose of implementing
this Code section.
Update>> http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=33-23-29
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These exist, but are not particularly useful on glass claims. These are part of Unfair Trade Practices. The code number is 10-1-393. To view the law in the statute, simply click on the link below.
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33-6-34.
Any of the following acts of an insurer when committed as provided in Code
Section 33-6-33 shall constitute an unfair claims settlement practice:
(2) Failing to acknowledge with reasonable promptness pertinent communications
with respect to claims arising under its policies;
(3) Failing to adopt and implement procedures for the prompt investigation and
settlement of claims arising under its policies;
(7) When requested by the insured in writing, failing to affirm or deny coverage
of claims within a reasonable time after having completed its investigation
related to such claim or claims;
(9) Unreasonably delaying the investigation or payment of claims by requiring
both a formal proof of loss and subsequent verification that would result in
duplication of information and verification appearing in the formal proof of
loss form; provided, however, this paragraph shall not preclude an insurer from
obtaining sworn statements if permitted under the policy;
(10) When requested by the insured in writing, failing in the case of claims
denial or offers of compromise settlement to provide promptly a reasonable and
accurate explanation of the basis for such actions. In the case of claims
denials, such denials shall be in writing;
(11) Failing to provide forms necessary to file claims within 15 calendar days
of a request with reasonable explanations regarding their use;
Update>> http://www.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/33/6/34
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33-6-34.
Any of the following acts of an insurer when committed as provided in Code
Section 33-6-33 shall constitute an unfair claims settlement practice:
(4) Not attempting in good faith to effectuate prompt, fair, and equitable
settlement of claims submitted in which liability has become reasonably clear;
(6) Refusing to pay claims without conducting a reasonable investigation;
(7) When requested by the insured in writing, failing to affirm or deny coverage
of claims within a reasonable time after having completed its investigation
related to such claim or claims;
(8) When requested by the insured in writing, making claims payments to an
insured or beneficiary without indicating the coverage under which each payment
is being made;
(9) Unreasonably delaying the investigation or payment of claims by requiring
both a formal proof of loss and subsequent verification that would result in
duplication of information and verification appearing in the formal proof of
loss form; provided, however, this paragraph shall not preclude an insurer from
obtaining sworn statements if permitted under the policy;
(12) Failing to adopt and implement reasonable standards to assure that the
repairs of a repairer owned by the insurer are performed in a workmanlike
manner;
(13) Indicating to a first-party claimant on a payment, draft check, or
accompanying letter that said payment is final or a release of any claim unless
the policy limit has been paid or there has been a compromise settlement agreed
to by the first-party claimant and the insurer as to coverage and amount payable
under the contract; and
(14) Issuing checks or drafts in partial settlement of a loss or claim under a
specific coverage which contain language which releases the insurer or its
insured from its total liability.
Update>> http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=33-6-34
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33-34-8.
The Commissioner shall provide by rule or regulation procedures for the
expeditious and efficient settlement of first-party property damage claims under
personal private passenger motor vehicle policies. Such procedures may include,
but shall not be limited to:
(1) Loss of use reimbursements;
(2) Cost of repairs;
(3) Determination of fair market value on total losses;
(4) Use of aftermarket parts;
(5) Time limitations for payments of claims for property damage by insureds; and
(6) Establishment of a panel for arbitration of disputed property damage claims
where such claims involve total losses.
Update>> http://www.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/33/34/8
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State Departments of Insurance 
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This article may be downloaded for use by a single individual.
It may not be copied or faxed or mailed to others. It may be reprinted only with
written permission from Beyond Parts & Equipment. Published in Beyond Parts
& Equipment, 2003 , © 2003, Millennium Publications, Inc. Other use or
publication of this version is strictly prohibited.
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